Bheemara Setty Nageswara Rao v. The State Of Andhra Pradesh

Date :23.10.2017 Between :

Bheemara Setty Nageswara Rao S/o Late Jagga Rao 58 years R/o 48-6-57 Srinagar Colony, Jaggarao Mansions Rama Talkies, Town Road, Visakhapatnam Petitioner And The State of A P Rep by its Principal Secretary, Revenue Department, Amaravati and others Respondents The Court made the following:

ORAL ORDER:

Petitioner claims that he owns land to an extent of Ac.2.50 cents in Survey Nos. 9/2P, 4/P, 7P, 10P, 12P, 21/22 and 9/1P, Paradesipalem, Visakapatnam Rural mandal and District and alleging that respondents are trying to dispossess him from the same without following the due process of law, this writ petition is filed.

2.

Learned Government Pleader produced written instructions furnished by the Tahsildar signed on 21.8.2017. According to the written instructions, there is Government land in Survey No.21 measuring Ac.16.31 cents classified as 'Tank Poramboke' locally known as 'Koppulavani Cheruvu' and in Survey No. 7/1 measuring Ac.0.48 cents classified as 'Poramboke' (Road) and respondents are not interfering with the petitioner's 'Zeroyith lands'. It is further stated that respondents never interfered with the private lands and only with an apprehension the present writ petition is filed. He has admitted receipt of representation of the petitioner dated 29.6.2017 and stated that the same is under consideration.

3.

Through the representation dated 29.6.2017 petitioner requested for mutation of his name in the Revenue Records as regards the subject land and mutation of his brother's name to an extent of Ac.2.50 cents in other survey number mentioned in the said representation.

4.

According to the instructions furnished to the learned Government Pleader by the Tahsildar, petitioner is required to apply through Meeseva with relevant records for mutation of his name in Web Land. As seen by this Court in several writ petitions, Government is insisting for online filing of the applications in Form-6A for making entries in revenue records under A.P. Rights in Land and Pattadar Pass

Books Act, 1971. It appears, so far, no such request is made by the petitioner.

5.

In the circumstances, writ petition is disposed of granting liberty to the petitioner to submit application in Form 6-A through Meeseva to mutate his name in the revenue records and issuance of pattadar passbooks and title deeds and as and when such an application is made, same shall be considered in accordance with the procedure envisaged and decision be taken and communicated to the petitioner by assigning due reasons in support of such decision. The entire exercise shall be completed within a period of eight weeks from the date of receipt of making such request. If for any reason, respondents are of the opinion that petitioner is in occupation of the Government land, respondents shall put the petitioner on notice, afford due opportunity by furnishing details of such alleged encroachment and without following due procedure no coercive steps shall be taken against the petitioner. No costs. Having regard to the same, miscellaneous petitions, if any pending, are closed.

_________________ P NAVEEN RAO,J DATE: 23.10.2017 TVK

Date :23.10.2017